Terms Of Use
Contents
- 1. Acceptance of Terms
- 2. Description of Services
- 3. Inquiries, Quotes & Proposals
- 4. Product Development & Client Responsibilities
- 5. Confidentiality & Intellectual Property
- 6. Quality Assurance Disclaimer
- 7. Food Safety & Regulatory Compliance
- 8. Website Use
- 9. Third-Party Links
- 10. Disclaimers
- 11. Limitation of Liability
- 12. Indemnification
- 13. Governing Law
- 14. Changes to These Terms
- 15. Contact
1. Acceptance of Terms
These Terms of Use (“Terms”) govern your access to and use of the website located at shepherdfoods.com (the “Site”), operated by Shepherd Foods, Inc. (“Shepherd Foods,” “we,” “us,” or “our”). By accessing or using the Site, submitting an inquiry, or requesting a quote, you agree to be bound by these Terms. If you do not agree, please do not use the Site.
These Terms apply to your use of the Site itself. They do not, by themselves, constitute a manufacturing, packaging, or supply agreement between you and Shepherd Foods — those relationships are governed by a separate signed agreement, purchase order, or statement of work, as described in Section 3 below.
2. Description of Services
Shepherd Foods is a commercial food manufacturer specializing in industrial freeze drying and contract packaging (co-packing) services for food industry businesses. The Site provides information about our services, capabilities, and facility, and allows prospective and existing clients to submit inquiries and request quotes.
The Site is intended for business-to-business (B2B) use by food processors, brands, distributors, and other commercial entities seeking manufacturing or packaging services. It is not a consumer storefront, and no products are sold or shipped directly to individual consumers through the Site.
3. Inquiries, Quotes & Proposals
Submitting a contact form, quote request, or product inquiry through the Site does not create a binding contract, purchase commitment, or exclusive relationship between you and Shepherd Foods. Any pricing, capacity estimates, or timelines discussed prior to a signed agreement are preliminary and subject to change based on a full review of your product, materials, volume, and specifications.
A binding commercial relationship — including pricing, minimum order quantities, production timelines, and payment terms — is established only through a separate written agreement, purchase order, or statement of work signed by both parties.
4. Product Development & Client Responsibilities
Where you engage Shepherd Foods to freeze dry, process, or package a product, you are responsible for:
- Providing accurate, complete, and lawfully obtained information about your product, formulation, and ingredients;
- Ensuring that any recipes, materials, or specifications you provide do not infringe the intellectual property rights of any third party;
- Confirming that your product and its intended labeling comply with applicable food safety and labeling laws (see Section 7); and
- Reviewing and approving samples, specifications, and production parameters at the stages we provide them to you.
Shepherd Foods will use reasonable efforts to evaluate your materials, define production parameters, and provide a cost estimate, but the accuracy of any resulting quote depends on the completeness and accuracy of the information you provide.
5. Confidentiality & Intellectual Property
We understand that recipes, formulations, and product specifications shared with us during the inquiry and development process may be proprietary and sensitive. Shepherd Foods will treat such information as confidential and will not disclose it to third parties or use it outside the scope of evaluating and fulfilling your request, except as required by law or as otherwise agreed in writing.
If you require a mutual non-disclosure agreement (NDA) before sharing detailed formulation or process information, we’re happy to execute one prior to that exchange — please raise this when you submit your inquiry.
All content on the Site — including text, graphics, logos, images, and the Shepherd Foods name and branding — is the property of Shepherd Foods or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from Site content without our prior written permission, other than for your own evaluation of our services.
6. Quality Assurance Disclaimer
Shepherd Foods maintains quality assurance procedures throughout our freeze drying and packaging processes, including sampling and inspection at various production stages. We aim to retain the closest practical visual, nutritional, and flavor attributes to the original product. However, freeze drying is a physical and chemical process, and some variation in appearance, texture, moisture content, or shelf life is inherent to the process and to natural variation in raw materials. We do not guarantee that finished product will be identical in every respect to the pre-processed input.
7. Food Safety & Regulatory Compliance
Shepherd Foods operates its facility in accordance with applicable food safety practices for a commercial food manufacturing operation. However, as the brand owner, you remain solely responsible for:
- Ensuring your product, formulation, and final labeling comply with applicable federal, state, and local food safety and labeling laws (including FDA and, where applicable, USDA requirements);
- Allergen disclosure and accuracy of nutritional and ingredient labeling for your finished product; and
- Any regulatory approvals, certifications, or permits required to market or distribute your finished product in your target markets.
Shepherd Foods is a manufacturing and packaging partner, not a regulatory or legal advisor, and nothing on the Site or communicated during the quote process should be relied upon as regulatory or legal guidance.
8. Website Use
You agree not to use the Site to:
- Submit false, misleading, or fraudulent information in an inquiry or quote request;
- Attempt to gain unauthorized access to the Site, its underlying systems, or other users’ data;
- Use automated tools to scrape, crawl, or extract content from the Site without our prior written consent; or
- Introduce viruses, malware, or other harmful code.
9. Third-Party Links
The Site may contain links to third-party websites (such as our LinkedIn page) that are not owned or controlled by Shepherd Foods. We are not responsible for the content, privacy practices, or terms of any third-party sites.
10. Disclaimers
The Site and its content are provided “as is” and “as available,” without warranties of any kind, whether express or implied, to the fullest extent permitted by law. We do not warrant that the Site will be uninterrupted, secure, or error-free.
11. Limitation of Liability
To the fullest extent permitted by law, Shepherd Foods shall not be liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Site. Liability arising from an actual manufacturing or packaging engagement is governed by the terms of the applicable signed agreement or purchase order for that engagement, not by this Site-use disclaimer.
12. Indemnification
You agree to indemnify and hold harmless Shepherd Foods, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, your misuse of the Site, or information you provide that infringes the rights of a third party.
13. Governing Law
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-law principles. Any disputes arising from these Terms or your use of the Site will be resolved in the state or federal courts located in Utah.
14. Changes to These Terms
We may update these Terms from time to time. Changes take effect when posted, indicated by the updated “Last Updated” date at the top of this page. Continued use of the Site after changes are posted constitutes acceptance of the revised Terms.
15. Contact
Questions about these Terms can be directed to:
- Shepherd Foods, Inc.
- 752 North 2250 West, Unit F, Springville, Utah 84663
- Email: contact@shepherdfoods.com
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